Blog

   Special Needs Trust Termination Provisions under the POMS. The Social Security Administration has always had rules regarding disbursement of funds from a self-settled special needs trust upon the death of a beneficiary.  They have recently added additional provisions regarding the early termination of a self-settled...

Retroactive Amendment of Trust - Nunc Pro Tunc - Not Likely to be Accepted by SSA. In reviewing an existing special needs trust, the Social Security Administration may determine that the trust fails to comply with one or more SSA rules and regulations. This may occur,...

"Savings Clauses" are of No Help Under the POMS. In drafting a special needs trust, many practitioners include a "null and void" or "savings" clause in the document. These clauses operate to cure defects in a trust and preserve the remaining trust provisions. They prevent...

Part Two Treatment of Disbursements from Trusts. Although trust principal may not be considered an available resource to the beneficiary, disbursements from the trust may be considered income to the SSI recipient (trust beneficiary), depending on the nature of the disbursements. The following rules apply to both self-settled...

Part One Establishing a Self-Settled Special Needs Trust Is Easier Said Than Done: A Two-Step Process Under the POMS, the resource counting provisions of Section 1613(e) do not apply to a trust: 1. Which contains the assets of a disabled individual under 65 years of age: 2. Which is established...